Andhra Pradesh High Court - Amravati
Akula Siva Rama Krishna, vs The A.P. State Council Of Higher ... on 2 February, 2024
Author: R.Raghunandan Rao
Bench: R.Raghunandan Rao
IN THE HIGH COURT OF ANDHRA PRADESH : AMARAVATI
HON'BLE MR. JUSTICE DHIRAJ SINGH THAKUR, CHIEF JUSTICE
&
HON'BLE MR. JUSTICE R.RAGHUNANDAN RAO
WRIT APPEAL No.70 of 2024
Akula Siva Rama Krishna,
S/o. Murali, Hindu,
Aged about 28years,
R/o. D.No.1-52, Meduru Village,
Gampalagudem Mandal, N.T.R. District.
... Appellant
Vs.
The A.P. State Council of Higher Education,
Rep.by its Chairman,
3rd, 4th, 5th Floors, Neeladri Tower,
Sriram Heights, 6th Battalion Road,
Atmakur Village, Mangalagiri Mandal,
Guntur District and 4 others.
... Respondents
Counsel for the Appellant : Mr. A. Syam Sundar Reddy
Counsel for the Respondents : Ms. S. Parineeta
- R1 & R2
Mr. S. V. R. Subrahmanyam
- R3
G.P. for Higher Education
- R4
Mr. K. Maheswara Rao,
Standing Counsel
- R5
2 HCJ & RRR, J
Dt.: 02.02.2024
PER DHIRAJ SINGH THAKUR, CJ (Oral):
The appeal filed under Clause 15 of the Letters Patent has
been preferred against the judgment and order dated 22.12.2023
passed in W.P.No.31630 of 2023.
2. The writ petition filed by the petitioner has been dismissed
holding the petitioner to be ineligible to seek admission to the 5
year LL.B. Course in terms of Rule 5 of the Bar Council of India
Rules of Legal Education, 2008 (in short, 'the Rules, 2008').
3. The petitioner claims that he had studied from Kindergarten
to 10th Class in a regular school run by the State according to the
formal system of education. It is stated that on account of some
family problems, he was unable to take final examination for the
10th Class and later cleared and qualified the same from the
A.P.Open School Society. Subsequently, it is stated that the
petitioner cleared his '+2 Examination' also from A.P.Open School
Society and secured high percentage of marks. The petitioner then
cleared the A.P. LAWCET for an integrated 5 years LL.B. Course and
secured 357 rank amongst the candidates in A.P.
4. It is however stated that the official respondents refused to
admit the petitioner on the ground that, having cleared his 10th
3 HCJ & RRR, J
Class examination as also the Intermediate examination (12th Class
examination) from an Open School Society, he was not eligible in
terms of Rule 5 of the Rules, 2008, which reads as under:
"5. Eligibility for admission:
(a) Three Year Law Degree Course: An applicant who has
graduated in any discipline of knowledge from a University
established by an Act of Parliament or by a State legislature or
an equivalent national institution recognized as a Deemed to be
University or foreign University recognized as equivalent to the
status of an Indian University by an authority competent to
declare equivalence, may apply for a three years' degree
program in law leading to conferment of LL.B. degree on
successful completion of the regular program conducted by a
University whose degree in law is recognized by the Bar Council
of India for the purpose of enrolment.
(b) Integrated Degree Program: An applicant who has
successfully completed Senior Secondary School course ('+2') or
equivalent (such as 11+1, 'A' level in Senior School Leaving
certificate course) from a recognized University of India or
outside or from a Senior Secondary Board or equivalent,
constituted or recognized by the Union or by a State
Government or from any equivalent institution from a foreign
country recognized by the government of that country for the
purpose of issue of qualifying certificate on successful
completion of the course, may apply for and be admitted into the
program of the Centres of Legal Education to obtain the
integrated degree in law with a degree in any other subject as
the first degree from the University whose such a degree in law
is recognized by the Bar Council of India for the purpose of
enrolment.
4 HCJ & RRR, J
Provided that applicants who have obtained + 2 Higher
Secondary Pass Certificate or First Degree Certificate after
prosecuting studies in distance or correspondence method shall
also be considered as eligible for admission in the Integrated
Five Years course or three years' LL.B. course, as the case may
be.
Explanation: The applicants who have obtained 10 + 2 or
graduation/post graduation through open Universities system
directly without having any basic qualification for prosecuting
such studies are not eligible for admission in the law courses."
5. The learned Single Judge, by virtue of the judgment and order
impugned, dismissed the petition by placing reliance upon Rule 5 of
the Rules, 2008, reproduced hereinabove.
6. Learned counsel for the appellant would submit that the
judgment and order impugned is unsustainable inasmuch as the
learned Single Judge has not at all dealt with the issue as to how the
petitioner was ineligible in terms of the aforementioned Rule 5 of
the Rules, 2008, and that by simply reproducing Rule 5, the
petitioner could not have been held to be ineligible.
7. Learned counsel for the respondents, on the other hand,
would submit that the appellant was ineligible to seek admission to
the 5 year LL.B. Course in terms of the Explanation appended to
Rule 5 inasmuch as the petitioner/appellant had not cleared his
10th Class examination through a formal system of education and
5 HCJ & RRR, J
on the contrary had cleared the same through the Open School
Society and therefore could not be said to be possessed of the 'basic
qualification' as was otherwise envisaged to be possessed in terms
of the Explanation to Rule 5 of the Rules, 2008.
8. We have heard learned counsel for the parties.
9. The only basis for holding the appellant ineligible for seeking
admission to 5 year LL.B. course is the fact that the appellant had
cleared his 10th Class examination which is not conducted as per
the formal system of education regulated by the SSC Board.
10. On a reading of the Explanation to Rule 5 of the Rules, 2008,
it can be seen that the same envisages that the candidate should be
possessed of the basic qualification before securing +2 examination
through an Open University system but certainly does not envisage
an additional requirement of obtaining such a basic qualification
through a formal system of education. In fact, G.O.No.723, dated
27.09.2008 issued by the School Education Department clearly
holds that a certificate issued by the A.P.Open School Society who
have passed SSC course in 5 subjects as equivalent to SSC, as per
the formal system of A.P. SSC Board and further holds the same
valid for higher education and employment. What is stated in the
said G.O. reads thus:
6 HCJ & RRR, J
"g. Director, A.P. Open School Society shall issue SSC
Pass certificates under the emblem of A.P. Open School Society
to all those who pass the SSC course (5 subjects). These
certificates are equivalent to SSC of formal system of A.P. SSC
Board and they are valid for purpose of higher education and
employment. However, If a candidate proposes to enter into
Inter I year course on passing SSC (APOSS), he would have
chosen, studied and passed the Formal school subjects viz., One
Indian Language, English, Mathematics, Science, and Social
Sciences."
11. The judgments in the cases of B. Mallesham Vs Bar Council of
India, New Delhi and Others1 and Surajan P.C. Vs. Commissioner of
Entrance Examinations2 referred to by the learned Standing
Counsel for the Bar Council of India are inapt in the facts and
circumstances inasmuch as these were cases in which the
candidates had all obtained the graduation degrees through the
Open System without acquiring the basic qualification of +2 either
in the formal system of education or through the open system.
12. Having considered the entire matter, we are of the opinion
that there was absolutely no basis for the learned Single Judge to
have declared the appellant herein ineligible in terms of the
existing Rules as reproduced hereinabove.
1 2009 SCC Online AP 860
2 2016 SCC Online Kerala 38833
7 HCJ & RRR, J
13. For the reasons mentioned above, the judgment and order
impugned is set aside. It is held that the appellant is not ineligible
on account of having cleared his SSC examination through the open
system. The respondents shall accordingly consider the appellant
as eligible on that count and further consider his case for admission
if he otherwise makes up the merit.
14. Accordingly, this writ appeal is allowed. No costs.
Pending miscellaneous applications, if any, shall stand closed.
DHIRAJ SINGH THAKUR, CJ R.RAGHUNANDAN RAO, J
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8 HCJ & RRR, J
HON'BLE MR. JUSTICE DHIRAJ SINGH THAKUR, CHIEF JUSTICE
&
HON'BLE MR. JUSTICE R.RAGHUNANDAN RAO
(per Dhiraj Singh Thakur, CJ)
Dt: 02.02.2024
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